metro6r4
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| posted on 23/4/13 at 09:46 PM |
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consumer rights
hi just a quick question about consumer rights dont really know anywhere else to ask. I bought a new jerry can and spout attachment thing to take with
me on track days from a local caravan shop. Got to Santa pod and decide to fill the car luckily before I warmed the car. Got the old man to put the
spout on and make sure it was on tight and the damn thing pissed out from every orifice. So after multiple times of taking the spout on and off we
gave up and just used a funnel to fill the car. We must have spilt a fair few litres trying to get the thing to work without leaking.so I took the can
and spout back to the shop I bought it from and asked for a refund on the grounds that a) it did not work and b)it wasn't safe. The woman at the
shop was very snotty and tried to refuse me a refund saying that because it had been used they couldn’t take it back. Which really wound me up but I
remained calm and argued my point,to which they then told me I had to take an exchange instead which I refused, luckily for me they didn't have
any more anyway and after half an hour they eventual gave in and gave me a refund. What i am interested to find out is if I they had found another one
if I would have had to take it or if I was entitled to a full refund anyway. I just cant believe they kept trying to make me feel like I was in the
wrong for returning it because I had shock horror filled it with petrol.
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snakebelly
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| posted on 23/4/13 at 09:51 PM |
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Don't know for sure but I reckon you should have got a eefund on the grounds that the goods were either
A. Faulty
B. not fit for purpose
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FazerBob
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| posted on 23/4/13 at 10:30 PM |
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you do not have to accept an exchange if the goods are faulty and/or not fit for purpose. you have every right to demand a full refund.
Bob
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Litemoth
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| posted on 23/4/13 at 10:33 PM |
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My understanding is this:
It depends on how long you've kept the goods. 'Reasonable' is the keyword with these things it seems. If you return it
'reasonably' quickly and don't make-do with it for a while then a refund is in order. Otherwise you could expect them to repair or
replace as a 'reasonable' course of action.
The Sale of Goods Act says that the can must be of merchantable quality and fit for the specific purpose but there is an onus on you to enquire with
the merchant if the product is fit for the purpose to which you'll be putting it.... unless it's patently obvious. If the can was being
sold as say a 'water carrier' then you'll not have much recourse.
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T66
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| posted on 24/4/13 at 04:33 AM |
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I had one like that, turned out I had the spout on it from my other can. Wonder if they had done the same.
Just do your bit and pass on to all, how shat their customer service was. No need to be snotty with customers at any point....
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Ninehigh
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| posted on 24/4/13 at 07:25 AM |
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Yep sale of goods act covers you for just about everything. I like to mention it if they ever get awkward 
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Hellfire
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| posted on 24/4/13 at 11:29 AM |
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What if it was purchased in a 'sale'? I've often been in shops where a notice is quite clearly visible that 'goods sold in the
sale cannot be returned for a refund but can be exchanged'
Phil
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cliftyhanger
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| posted on 24/4/13 at 11:38 AM |
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^^^ makes no odds. Sale of goods, in a sale or not, still applies. If faulty, you are entitled to a refund or exchange. A sign cannot change the law
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Confused but excited.
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| posted on 24/4/13 at 12:55 PM |
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As stated above. the Sale of Goods Act trumps all there excuses, terms of sale, warranty, etc.
Tell them about the bent treacle edges!
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Hellfire
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| posted on 24/4/13 at 06:39 PM |
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quote:
Originally posted by cliftyhanger
^^^ makes no odds. Sale of goods, in a sale or not, still applies. If faulty, you are entitled to a refund or exchange. A sign cannot change the law
This is not a debate about whether the Sale of Goods Act applies or not though, it's about the sellers obligation to give a 'refund or
exchange'. If the buyer bought the goods in a sale, knowing they were faulty, (for example) the seller is not obliged to give a refund.
Although the OP wanted (and got) a refund, he may not have been entitled to it.
Phil
[Edited on 24-4-13 by Hellfire]
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